It is good that lawmakers are acknowledging that mental health is a key issue in the problems facing this country. Unfortunately, a Missouri lawmaker has decided the most effective way to fund mental health and deter tragedies like Sandy Hook is to impose a tax on "violent" video games.

State Representative Diane Franklin, of Camdenton, has proposed that video games rated Teen or higher be subject to a 1% sales tax in Missouri. Rep. Franklin has stated that she believes there is a link between violent video games and mental health, and that she wants to "start a discussion" about that link. The bill itself contains this language:

"Because immediate action is necessary to protect the mental health of individuals exposed to violent video games, the enactment of [this bill] is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and the enactment of [this bill] is hereby declared to be an emergency act within the meaning of the constitution…"

Our Take: We'd like to start a discussion about how Rep. Franklin seems unfamiliar with how the Constitution, or the ESRB, works.

Instead we'd like to point out that, while Rep. Franklin's bill has yet to reach any sort of vote, there's a very clear legal precedent dating back to the 1940s that states laws like this specifically are unconstitutional. Seriously, that took us literally three minutes to find on Google.

Secondly, taxing games rated "Teen" and up makes no sense. So essentially you're arguing that WWE '13, Skate and The Sims, all rated Teen, cause mental illness? How?

If Rep. Franklin wants to fund mental health treatment in her state, we heartily support her. But she should find better reasons to do it, and a way to do it that doesn't blatantly violate the law of the land or lump people with a hobby in with those suffering from genuine, and serious, illness.